Section 19P: Compounding of offences
This section is inserted by Act No 9 of 2019, section 10.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
19P. Compounding of offences
(1) The regulatory body may, with the consent of
the Director of Public Prosecutions, compound any offence
committed under this Act or the United Nations (Financial
Prohibitions, Arms Embargo and Travel Ban) Sanctions
Act 2019, or any regulations made or guidelines issued under
those Acts, by a member falling under its purview where the
member agrees, in writing, to pay such amount not exceeding
the maximum penalty specified for the offence as may be
acceptable to the regulatory body.
(2) Every agreement to compound shall be final and
conclusive and on payment of the agreed amount, no further
proceedings in regard to the offence compounded shall be
taken against the member who agreed to the compounding.
(3) Where the regulatory body compounds an
offence in accordance with this section, no further
proceedings shall be initiated in respect of the offence so
compounded against the person.
(4) Where the Director of Public Prosecutions does
not give his consent to compound the offence or a person does
not agree to compound the offence, the regulatory body may,
with the consent of the Director of Public Prosecutions refer
the case to the Police for legal proceedings.
178 Acts 2019
Sub-Part F – Review Panel
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Questions this section answers
- Can a regulatory body let me pay to settle an AML offence instead of going to court?
- Whose consent is needed before an AML offence can be compounded?